Firefighter and Public Safety Officer Presumption Bill Advances

Firefighter and public safety officer presumption bill advances and creates a rebuttable presumption of workers’ compensation coverage for public safety workers and other employees in certain circumstances. 

The bill affirms that if, in the course of employment, a public safety worker is exposed to a serious communicable disease or a biological warfare or epidemic-related pathogen or biological toxin, all care or treatment of the worker, including services needed to ascertain whether the worker contracted the disease, shall be compensable under workers' compensation, even if the worker is found not to have contracted the disease. If the worker is found to have contracted a disease, there shall be a rebuttable presumption that any injury, disability, chronic or corollary illness or death caused by the disease is compensable under workers' compensation. 

The bill affirms workers’ compensation coverage for any injury, illness or death of any employee, including an employee who is not a public safety worker, arising from the administration of a vaccine related to threatened or potential bioterrorism or epidemic as part of an inoculation program in connection with the employee’s employment or in connection with any governmental program or recommendation for the inoculation of workers. 

The bill creates a rebuttable presumption that any condition or impairment of health of a public safety worker which may be caused by exposure to cancer-causing radiation or radioactive substances is a compensable occupational disease under workers' compensation if the worker was exposed to a carcinogen, or the cancer-causing radiation or radioactive substance, in the course of employment. Employers are required to maintain records of instances of the workers deployed where the presence of known carcinogens was indicated by documents provided to local fire or police departments under the “Worker and Community Right to Know Act,” P.L.1983, c.315 (C.34:5A-1 et seq.) and where events occurred which could result in exposure to those carcinogens. 

In the case of any firefighter with seven or more years of service, the bill creates a rebuttable presumption that, if the firefighter suffers an injury, illness or death which may be caused by cancer, the cancer is a compensable occupational disease. 

The bill provides that, with respect to all of the rebuttable presumptions of coverage, employers may require workers to undergo, at employer expense, reasonable testing, evaluation and monitoring of worker health conditions relevant to determining whether exposures or other presumed causes are actually linked to the deaths, illnesses or disabilities, and further provides that the presumptions of compensability are not adversely affected by failures of employers to require testing, evaluation or monitoring. 

The public safety workers covered by the bill include paid or volunteer emergency, correctional, fire, police and medical personnel. 

This bill was pre-filed for introduction in the 2018-2019 session pending technical review. As reported, the bill includes the changes required by technical review, which has been performed. 

The following bill(s) have been scheduled for a committee or a legislative session. 

The following bill(s) have been scheduled for a committee or a legislative session.
A1741:
Quijano, Annette/Benson, Daniel R./Lagana, Joseph A.
"Thomas P. Canzanella Twenty First Century First Responders Protection Act"; concerns workers' compensation for public safety workers.
6/20/2019 1:00:00 PM Assembly
Voting Session
Assembly Chambers
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=A1741

S716:
Greenstein, Linda R./Bateman, Christopher
"Thomas P. Canzanella Twenty First Century First Responders Protection Act"; concerns workers' compensation for public safety workers.
6/20/2019 1:00:00 PM Assembly
Voting Session
Assembly Chambers
http://www.njleg.state.nj.us/bills/BillView.asp?BillNumber=S716

…. 

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Updated: 06-15-2019

Dependents of NJ Public Safety Workers May Receive Supplemental Benefits

A new benefit program, providing additional workers’ compensation benefits for some dependents of public safety workers, goes into effect on January 1, 2020.

Governor Conditionally Vetoes NJ Supplemental Benefits Bill

The NJ supplemental workers' compensation bill has been conditional vetoed by NJ Governor Murphy. In the conditional veto message the Governor notes that the legislation's unintended consequences would jeopardize NJ's "reverse offset," shift the cost responsibility and not provide an economic benefit to the injured workers. The NJ Senate then took action.

First Responder Workers' Compensation Benefits Bill Advances

A public hearing of a bill (A1741 and S716) advancing workers' compensation benefits for first responders will be held on October 18, 2018 at 10:00 am Committee Room 15, 4th Floor, State House Annex, Trenton, NJ.

This bill creates a rebuttable presumption of workers’ compensation coverage for public safety workers and other employees in certain circumstances. The bill affirms that if, in the course of employment, a public safety worker is exposed to a serious communicable disease or a biological warfare or epidemic-related pathogen or biological toxin, all care or treatment of the worker, including services needed to ascertain whether the worker contracted the disease, shall be compensable under workers' compensation, even if the worker is found not to have contracted the disease.

Senator Sweeney Bill Would Expand NJ Workers’ Comp Benefits for ‘Essential Workers’ Sickened in COVID Crisis

Senate President introduces legislation making it easier for employees on the front lines of coronavirus fight to get work-related benefits.

Governor Christie Vetoes First Responder Workers' Compensation Bill

NJ Governor Chris Christie has vetoed legislation that would would have created a presumption that of compensability for first responders who contracted cancer. He calls NJ workers' compensation system "successful" as is.

S-1778/A-1196 (Greenstein/Stender, Egan, O’Donnell, Wimberly) – ABSOLUTE -  ‟Thomas P. Canzanella Twenty First Century First Responders Protection Act”; concerns workers’ compensation for public safety workers.

July 18, 2013 
SENATE BILL NO. 1778 
(First Reprint) 
To the Senate: 
 Pursuant to Article V, Section I, Paragraph 14 of the New 
Jersey Constitution, I am returning Senate Bill No. 1778 (First 
Reprint) without my approval. 
 Since New Jersey’s workers’ compensation law was enacted 
more than a century ago, the unique circumstances surrounding 
workplace injuries of all employees – including our State’s 
public safety workers – have been considered in the context of 
the fact-sensitive circumstances surrounding each incident. 
This time-tested process appropriately balances all facts 
necessary to determine a proper compensation award. In 
contrast, this bill alters that careful balance by providing 
public safety workers with a presumption to workers’ 
compensation, rebuttable only by clear and convincing evidence. 
This sweeping new standard would apply to disabilities 
associated with an array of enumerated incidents and, in some 
cases, disabilities not tethered to any work-related incident at 
all. 
As a State, we must continually recognize the selfless 
contributions of our first responders. Day in and day out, 
these brave women and men make enormous sacrifices in order to 
ensure our collective safety, health, and well-being against all 
manner of threats. That essential public service, and the costs 
associated with the injuries those duties may cause, must be 
administered in a responsible manner that matches our public 
resources. Although this measure would likely have a 
significant impact on State, local, and municipal government 
budgets, the bill’s sponsors refused to obtain a fiscal analysis 
or refer the bill to either house’s respective budget  
committees. Regrettably, the Legislature’s failure to pursue 
the responsible course of thoroughly reviewing the significant 
changes to a successful and long-standing system, and the 
corresponding impact of this proposal on taxpayers, prevent my 
approval. 
Our public safety workers are vital to our State and I am 
committed to ensuring their well-being and protection. Reasoned 
suggestions for improving those practices should be openly and 
honestly evaluated. While I welcome a discussion on new ways to 
enhance the lives of emergency responders, the truncated and 
insufficient manner in which this proposal was prepared and 
passed is not consistent with our responsibility as elected 
representatives of all citizens. 
 Accordingly, I herewith return Senate Bill No. 1778 (First 
Reprint) without my approval. 
Respectfully, 
 [seal] /s/ Chris Christie 
 Governor 
Attest: 
/s/ Charles B. McKenna 

Chief Counsel to the Governor 

Read more about workers compensation and Governor Christie

NJ Governor Christie to Propose Workers' Compensation Reform

Apr 23, 2013

“'We're going to be coming up with a package of proposals that's going to work both sides of that,' Christie told a caller on his monthly NJ 101.5 FM radio show tonight. 'The employers who may not be stepping up and meeting ...

http://workers-compensation.blogspot.com/
....
For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Related articles

• Lead Paint - Industry Has Yet to Meet Its Responsibility
• NJ Workers Compensation Companies Pay More for Hospital Fees
• NJ Uninsured Fund Cracks Down on Uninsured Employers
• Opioid Use in Workers' Compensation
• Single Payer A Possibility for New York City Employees

Long Overdue Public Safety Worker Coverage

Legislation has been reintroduced to provide workers’ compensation benefits for certain public safety workers who developed an occupational illness or injury flowing from the September 11, 2001, terrorist attacks. A closer look at the legislation reveals that it removes defenses such as causal relationship, statute of limitations, and jurisdiction. Complicated statutory and regulatory challenges may ultimately offset the benefits offered. 

Labor Day: Miller Launches Map of Workplace Fatalities

This Labor Day, Let's Redouble Effort to Improve Worker Safety, Says Chairman Miller Miller also launches interactive map of workplace fatalities

WASHINGTON, D.C. - To honor America's workers this Labor Day, the country should commit to stopping the preventable toll of workplace deaths, injuries, and illnesses that affects workers across industries and occupations each year, said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. To highlight the dangers that many American workers face on the job, Miller today launched a new interactive online map
(http://edlabor.house.gov/issues/workerdeaths.shtml) that enables people to learn about many of the workplace fatalities that have occurred in their own communities this year.

"Each year, thousands of American workers die on the job. Sixteen workers are killed in workplace accidents each day. Ten times that many die of occupational diseases caused b y hazardous substances like asbestos. And every 2.5 seconds, a worker is injured in the United States," said Miller. "This grim toll includes construction workers, public safety workers, and workers at chemical facilities and oil refineries. It includes people who spend most of their time working outdoors, as well as people who work inside office buildings, manufacturing plants, and stores. It in cludes young and old workers. There are simply too many American workers, from all walks of life, who get injured, sick, or killed on the job. On this Labor Day, we should commit ourselves to doing everything we can to improve safety in the workplace."

On August 9, the U.S. Labor Department reported that 5,703 workers died in workplace accidents in 2006. Today, Miller launched an online map of worker fatalities that he hoped would remind Americans of the urgent need for increased efforts to eliminate unsafe conditions on the job. The map relies on published news reports in 2007 to show worker fatalities
nationwide, and it includes information about the workers' occupations and causes of death. The map represents roughly 10 percent of the total number of on-the-job fatalities so far this year.
"The tragedy at Utah's Crandall Canyon Mine reminds us of the dangers that too many workers face every day. It is my hope that the launch of this map will help policymakers and the public understand the extent of workplace fatalities in this country and the importance of acting aggressively to improve workplace safety," said Miller.

Earlier this year, U.S. Rep. Lynn Woolsey (D-CA), chairwoman of the House Subcommittee on Workforce Protections, and U.S. Rep. Phil Hare (D-IL), a member of the subcommittee, introduced legislation to reduce workplace fatalities, injuries, and sicknesses. The Protecting America's Work ers Act (H.R. 2049) would boost workplace safety by strengthening and expanding the Occupational Safety and Health Act. Specifically, the legislation would:
Apply federal safety standards to workers who are not currently covered, including federal, state, and local employees, and some private sector employees;
Increase penalties against employers for repeated and willful violations of the law, including making felony charges available when an employer's repeated and willful violation of the law leads to a worker's de ath or serious injury;

Better protect workers who blow the whistle on unsafe workplace conditions;
Enhance the public's right to know about safety violations; and
Make clear that employers must provide the necessary safety equipment to their workers, such as goggles, gloves, respirators, or other personal protective equipment.
Miller also said that the Bush administration must do more to vigorously enforce workplace safety laws.

"In hearings held earlier this year, witnesses told the committee that both the U.S. Occupational Safety and Health Administration and the U.S. Mine Safety and Health Administration are not doing enough to update basic workplace safety standards and that the agencies have shifted their focus from enforcing the law to providing companies with so-called voluntary compliance assistance," said Miller. "It is well past time that the Bush workplace safety agencies stop fiddling while workers die. They must aggressively enforce the laws they swore to uphold. We must do more to defend the right of all workers to a safe workplace."

To visit the map, click here.: http://edlabor.house.gov/issues/workerdeaths.shtml

For more information about the Protecting America's Workers Act, click here.
http://www.house.gov/apps/list/speech/edlabor_dem/rel042607.html

For more information about worker safety issues, click here.
http://edlabor.house.gov/issues/workersafety.shtml

..................................
Jon L. Gelman, Attorney at Law
1450 Valley Road, 1st Floor
PO Box 934Wayne NJ 07474-0934
973 696-7900 tel - 973 696-7988 fax
www.gelmans.com

OSHA: Executive Order on Protecting Worker Health and Safety

Within hours of his inauguration, President Biden moved swiftly to direct the Occupational Safety and Health Administration (OSHA) to promulgate an emergency standard to protect workers from COVID-19. The President signed an Executive Order on Protecting Worker Health and Safety on January 21, 2021.

Construction Injuries and Fatalities Cost California’s Economy $2.9 Billion Between 2008 and 2010

California Would Save Money by Using Its Buying Power to Reward Companies With Strong Safety Records

Occupational injuries and fatalities in the construction industry cost California residents $2.9 billion between 2008 and 2010, a new Public Citizen report shows.

The report, “The Price of Inaction: A Comprehensive Look at the Costs of Injuries and Fatalities in California’s Construction Industry,” quantifies the estimated costs of deaths and injuries in the state’s construction industry by considering an array of factors.

From 2008 to 2010, 168 construction workers were killed in workplace accidents in California. Additionally, the state recorded 50,700 construction-industry injuries and illnesses that required days away from work or a job transfer.

Drawing on a comprehensive 2004 journal article that analyzed the cost of occupational injuries, and combining the paper’s findings with updated fatality and injury data, Public Citizen determined that such incidents cost the state’s economy $2.9 billion during the three-year period.

“The economic picture is quite staggering,” said Keith Wrightson, worker safety and health advocate for Public Citizen’s Congress Watch division. “We now know that construction accidents impose huge economic costs in addition to tremendous pain for individual victims.”

As a partial solution, the report proposes that California pass a law requiring companies to demonstrate adherence to safety standards in order to be eligible to bid for state contracts. Such a solution not only would ensure that public-sector projects are fulfilled by responsible contractors but also would provide incentives for companies to maintain clean records while working on private-sector sites.

The report notes that California already screens construction companies to ensure that they have met performance standards in the past and haven’t violated any laws. The state also incorporates some safety standards in its prequalification system. But the system should be expanded to require construction firms to put greater emphasis on demonstrating that they provide safety training to workers and site supervisors, and that they have not had serious safety violations.

“Implementing a stricter prequalification process for public construction projects would not address all of the industry’s safety problems,” Wrightson said. “However, such a step would help further protect workers while also yielding significant gains to the economy for minimal costs.”

The report can be viewed at http://www.citizen.org/price-of-inaction-california-construction-safety-report.

Read more about "occupational" conditions and workers' compensation

Physician Stress - An Occupational Hazard for Oncologists

Nov 26, 2012

Physician Stress - An Occupational Hazard for Oncologists. Physicians who treat terminally ill patients are reporting occupational stress. A recent article on the NY Times blog describes the problem of oncologists who treat ...

http://workers-compensation.blogspot.com/

Our Journey Forward on Occupational Medical Care

Nov 09, 2012

Going forward it is imperative that a universal medical program be established to provide medical treatment for all work-related occupational injuries and exposures. The delay and denial of medical benefits to those who suffer ...

http://workers-compensation.blogspot.com/

Breast cancer risk in relation to occupations with - Workers ...

Nov 23, 2012

This exploratory population-based case–control study contributes to one of the neglected areas: occupational risk factors for breast cancer. The identification of several important associations in this mixed industrial and ...

http://workers-compensation.blogspot.com/

Workers' Compensation: NIOSH Seeks Occupational History for ...

Jul 05, 2012

The National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS) requests public comments to inform its approach ...

http://workers-compensation.blogspot.com/

Related articles

• Rate of Non-Fatal Workplace Injuries Unchanged BLS Reports (workers-compensation.blogspot.com)
• OSHA cites New York contractor for exposing workers to fall and other hazards (workers-compensation.blogspot.com)
• Canadian Asbestos Register of Public Buildings Now On-Line (workers-compensation.blogspot.com)
• Protective Equipment Needed for Hurricane Sandy Clean-Up Workers-Volunteers (workers-compensation.blogspot.com)
• OSHA cites Mississippi Phosphates for 40 safety and health violations following 2 worker fatalities (workers-compensation.blogspot.com)
• Our Journey Forward on Occupational Medical Care (workers-compensation.blogspot.com)

Senate Passes Booker, Grassley Bipartisan Bill Helping Families of First Responders Lost to COVID

The U.S. Senate unanimously cleared legislation authored by Senators Cory Booker (D-NJ) and Chuck Grassley (R-IA) to improve timely access to financial assistance for families of public safety officers lost to COVID-19. The Safeguarding America’s First Responders Act (SAFR) clarifies certification requirements for survivor benefits under the Public Safety Officers Benefits Program to account for the unique challenges presented by the current coronavirus pandemic.

Bill Expanding Workers’ Comp Benefits for ‘Essential Workers’ Advanced by Labor Committee

Panel approves legislation making it easier for employees on the front lines of coronavirus fight to get work-related benefits

Acting to ensure that ‘essential workers’ serving public needs during the coronavirus crisis get the benefits and protections they deserve, the Senate Labor Committee approved a bill authored by Senate President Steve Sweeney, Senator Robert Singer and Senator Linda Greenstein expanding access to workers’ compensation and other benefits for front-line workers sickened by the coronavirus.

“The men and women who are on the front lines protecting our health and safety and providing the vital services we all need during this crisis must be assured that they have basic worker protections and that they can get workers’ compensation if they fall ill to the coronavirus,” said Senator Sweeney (D-Gloucester/Salem/Cumberland). “We need to ensure that they can go to work with the knowledge that these benefits will be there if they need them.”

The bill, S-2380, would create a presumption that coronavirus disease infections contracted by essential employees who interact with the public, including health care workers and public safety workers, are work-related for the purpose of determining employment benefits for work-related injuries and illnesses, including workers’ compensation benefits. It would cover workers in the public and private sectors.

“New Jersey’s essential employees continue to go to work each and every day, inevitably putting themselves in harms way as they serve their communities,” said Senator Singer (R-30). “Frontline workers who contract COVID-19 should have access to financial safeguards and quality medical care. While we’re hammering out the details with stakeholders and the bill remains a work in progress, I look forward to a positive outcome for everyone.”

The presumption would apply to essential employees in both the public and private sectors who perform needed work during the current public health emergency and would be retroactive to March 9th, when New Jersey’s state of emergency was declared.

“If we are willing to define some of some of the lowest-paid members of our workforce as essential and ask them to put themselves at a higher risk, we must ensure that we provide them with the workers compensation benefits they deserve,” said Senator Greenstein (D-Middlesex/Mercer). “In this unprecedented public health crisis, it is more important than ever that basic protections for those workers who interact with the public and increase their own risk of exposure should be maintained.”

The committee vote was 3-1-1.

The following bill(s) have been scheduled for a committee or a legislative session.
S2380:
Sweeney, Stephen M./Scutari, Nicholas P./Singer, Robert W.
Concerns employment benefits and coronavirus disease 2019 infections contracted by essential employees.
5/14/2020 3:30:00 PM Senate
Voting Session (remote)

Related Articles

Is the workers' compensation system ready for the 2019-nCoV [coronavirus] virus? Live Updates

Senator Sweeney Bill Would Expand NJ Workers’ Comp Benefits for ‘Essential Workers’ Sickened in Covid Crisis 05/05/2020

Notice To The NJ Bar: Public Access To Court Events During Covid-19 - Directives #11-20 ("Supreme Court Guidelines On Media Access And Electronic Devices In The Courts") And #12-20 ("Principles And Protocols For Virtual Court Operations During The Covid-19 Coronavirus Pandemic") njjudiciary.com AOC 4/28/2020

Analysts Tally Workers Comp Cost of Assuming On-The_Job Exposure to COVID-19 carriermanagement.com 4/25/20

A Federal Heroes Compensation Fund 4/24/2020

Governor Murphy Signs Legislation to Expand Family Leave Protections During COVID-19 Outbreak 4/22/20

NJ Workers’ Compensation and the New Virtual Reality

NJ Law Expands Employee Benefits During the COVID Pandemic

HHS Relaxes HIPPA Rules During COVID Pandemic

….

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Blog: Workers ' Compensation

Twitter: jongelman

LinkedIn: JonGelman

LinkedIn Group: Injured Workers Law & Advocacy Group

Author: "Workers' Compensation Law" West-Thomson-Reuters

Supplement Benefit Bill for Surviving Dependents of Essential Coronavirus Workers Passed by NJ Legislature

The NJ Legislature has now passed S2476. It provides supplemental benefit payments to the dependents of essential employees who died in the course of employment due to the contraction of coronavirus disease 2019. 

National COSH Releases Guidelines for “A Safe and Just Return to Work”

Workers must be included in safety plans, say health experts, as wave of walkouts leads to new protections.

“My co-workers are getting sick and we know this disease can be fatal,” says Sofia, a pseudonym for a worker at a Case Farms poultry plant. “We want to do our jobs and help feed people during this crisis. But we need to know our employer is listening to us and doing everything possible to make our workplace safe. Right now, that is not happening.”

To ensure safety for Sofia – and millions of others who are still working or will return to work in the coming weeks and months -- the National Council for Occupational Safety and Health (National COSH) released a new report today: “A Safe and Just Return to Work.”

“The United States is far from being ready to open for business without putting not only workers but entire communities at grave risk of illness and death,” states the report introduction. “Only the most essential businesses should be open, and even those must only be allowed to operate if critical safety measures are in place - that are monitored and enforced.”

The document, with comprehensive guidelines for workplace safety, worker participation and fair compensation for sick, injured and at-risk workers, was prepared by experts convened by National COSH. Writers and contributors include certified industrial hygienists, academicians, attorneys, physicians and leaders of non-governmental and nonprofit organizations.

“The post-COVID world will be different in many ways,” said Jessica Martinez, MPH, co-executive director of National COSH. “One difference we insist on: Workers must be at the table, actively involved in decisions about workplace safety -- at their own workplaces and when creating local, state and federal guidelines.”

U.S. workers are at high risk in workplaces identified as hot spots for the spread of COVID-19, including slaughterhouses, nursing homes and prisons. “A Safe and Just Return to Work” calls for the inclusion of workers and their unions on all task forces, commissions and advisory boards established by governors, mayors and other public officials to establish rules and procedures for workplaces currently operating and those scheduled to re-open.

“Unfortunately, both before and during the current crisis, an unequal balance of power in the workplace means that safety often takes a back seat – especially for workers of color, immigrants and others in marginalized communities,” said Martinez. “Fortunately, working people are not accepting the status quo. The risk and horrible consequences of COVID-19 have led to an unprecedented number of walk-outs and other job actions – and in most cases, workers have been successful in winning protections to reduce risks to themselves, co-workers, their families and the public at large.”

“COVID 19 is highly contagious and can be deadly,“ said Sherry Baron, MD, MPH, a professor of public health at Queens College in New York City who assisted in the preparation of the National COSH report. “Employers who adopt a ‘business-as-usual’ approach could cause workers and their family members to become sick or even die. The right way to reduce risk and limit harm is to include workers in making the plan and implementing effective safety programs, based on the best available scientific evidence.”​

“We need stronger laws -- and strong action to enforce our existing right to a safe workplace,” said Jora Trang, managing attorney at Worksafe in Oakland and president of the National COSH board of directors. “In addition to protective measures that must be in place now for all essential workers, bold measures are urgently needed to address the underlying disparities and injustices that were laid bare by the pandemic.”

The report emphasizes that a safe, just return to work – now and into the future – requires, at a minimum, the following elements:

• Effective and stringent health and safety protections, informed by science, backed by robust enforcement, and designed with meaningful input by workers, worker center/COSH groups, unions and employers.
• A planned, detailed and meaningful system of screening, testing, contact tracing, proper isolation and epidemiological surveillance.
• Guaranteed job protection and just compensation for those working, and for those who can’t.
• Inclusion of and respect for meaningful worker and union involvement in all planning, protocols and decision-making regarding safety in the workplace and return-to-work.
• Measures to ensure equity, inclusion and a path to end health and economic disparities.

“A Safe and Just Return to Work” report stresses that Covid-19 safety protections must align with the “hierarchy of controls” recommended by the National Institute for Occupational Safety and Health (NIOSH). The hierarchy emphasizes system-wide engineering and process controls – such as improved ventilation – which reduce exposure most effectively across an entire workplace in addition to life-saving personal protective equipment.

“A Safe and Just Return to Work” is available on the National COSH website at tinyurl.com/safeandjustreturn. It is the latest addition to Coronavirus Resources for Workers, available in English and Spanish with resources in multiple languages, including specific industry and occupational guidelines for grocery workers, health care workers, poultry workers, seafood workers, warehouse workers and others.

 Related Articles

Is the workers' compensation system ready for the 2019-nCoV [coronavirus] virus? Live Updates

Senate Passes Booker, Grassley Bipartisan Bill Helping Families of First Responders Lost to COVID 5/10/2020

Senators Call for Creation of New Workers Compensation Fund to Support Essential Frontline 5/14/20

NJ Health Commissioner Orders COVID-19 Testing in all Long Term Care Facilities 5/13/20

New Jersey is hiring contact testers to curtail COVID-19 spread 5/13/20

NJ Supreme Court Holds Subrogation Conflict Does Not Exist Between Workers’ Compensation and the Auto Insurance Statute

Bill Expanding Workers’ Comp Benefits for ‘Essential Workers’ Advanced by Labor Committee 5/12/20

Impartiality: Cornerstone of the justice system 5/10/2020

Senator Sweeney Bill Would Expand NJ Workers’ Comp Benefits for ‘Essential Workers’ Sickened in Covid Crisis 05/05/2020

Notice To The NJ Bar: Public Access To Court Events During Covid-19 - Directives #11-20 ("Supreme Court Guidelines On Media Access And Electronic Devices In The Courts") And #12-20 ("Principles And Protocols For Virtual Court Operations During The Covid-19 Coronavirus Pandemic") njjudiciary.com AOC 4/28/2020

….

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.

Blog: Workers ' Compensation

Twitter: jongelman

LinkedIn: JonGelman

LinkedIn Group: Injured Workers Law & Advocacy Group

Author: "Workers' Compensation Law" West-Thomson-Reuters

NIOSH to Establish a National Workers' Compensation Data/Analysis Center

The long wait is over, the Federal government in getting into the workers' compensation data collection and analysis business. NIOSH (The National Institute for Occupational Safety and Health) has announced that it is entering into the arena, largely filled by the insurance industry  and NISOH will establish the NIOSH Center for Workers' Compensation Studies (CWCS).

In 2013,the NIOSH Center for Workers’ Compensation Studies (CWCS) was created to organize workers’

compensation data that are already being analyzed by NIOSH researchers in existing programs, such as the Economics Program, Surveillance Program, and the Center for Motor Vehicle Safety. This is important because coordinated workers’ compensation research has been conducted mostly at large commercial insurers, state-based insurers, or organizations such as the National Council on Compensation Insurance (NCCI), which cannot always widely distribute their research findings.

We are conducting analyses across a wide range of industry sectors, including:

• Construction
• Healthcare and social assistance
• Manufacturing
• Public safety
• Services
• Mining
• Transportation
• Warehousing
• Wholesale and retail trade

The mission of the CWCS is to use workers’ compensation data to prevent and reduce the severity of workplace injuries and illnesses. We will work with public and private partners to maximize the use of their own workers’ compensation data.

NJ Receives 1,181 COVID Complaints

The New Jersey Department of Labor and Workforce Development (NJDOL) received 1,181 complaints from workers and customers in the first four weeks of Gov. Murphy’s executive order expanding workplace protections during COVID-19. 

Bill Prohibits Retaliation Against Workers Who Refuse to Work in Unsafe COVID Working Condition

Recently introduced NJ legislation provides that during any public health emergency or state of emergency declared by the Governor Pat Murphy, and employee who:

COVID Presumption Bill Stalled in the NJ Assembly - Action Urged

Legislation (A3999) that would make it easier for employees on the frontline of the coronavirus fight to get work-related benefits is now stalled in the NJ Assembly.

NJ Governor Murphy Concerned About Economically Straining the Second Injury Fund

 NJ Governor Philip D. Murphy signed the COVID supplementary dependency bill (S2476 approved 4/19/2021) for essential workers and expressed concern over funding the benefits directly from the Second Injury Fund. He urged that alternate revenue proposals be considered going forward.

NY AG Seeks Emergency Relief to Protect Rights and Safety of Amazon Workers

New York Attorney General Letitia James today filed a motion to seek a preliminary injunction to force Amazon to immediately address health and safety concerns at its warehouses that are threatening workers. Her efforts to protect workers during the coronavirus disease 2019 (COVID-19) pandemic continue.